HomeMy WebLinkAboutBOARD MINUTES 12-01-88
200
MINUTES "OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA
SAN IT ARY DISTRICT HEL D ON DECEM3ER 1, 1988
The Di strict Board of the Cen~ra"1 Contra Costa Sanitary Di strict
convened in a regu"lar meeting at i~s regular place of meeting, 5019
Imhoff Place, Martinez, County of Contra Costa, State of California, at
3:00 p.m. on December 1,1988. "
Presiaent Rainey called ~he meeting to order ana requested that the
Secretary call roll.
I.
ROLL CALL
PRESENT:
Members:
Boney steel e, Dal ton, Ca rl son, Rainey
ABSENT:
Members:
Clausen
Member Clausen had previously indicated that he would be unable to
attena ~his meeting and had requested that he be excused.
1.
ADMINISTER OATH OF OFFICE TO MEMBERS OF THE BOARD OF DIRECTORS
ELECTED AT THE NOVEMBER 8, 1988, ELECTION
The Secretary of the District administered the Oath of Office to
parke L. Boneysteele, William C. Dalton, and Nels E. Carlson, Jr., who
were re-elected to the Board of Directors at the election held on
November 8,1988.
President Rainey ana Mr. Roger J. Dolan, General Manager-Chief
Engineer, extenaed congratulations on behalf of Board ana Staff to Board
Members Boney steel e, Dal ton, ana Carl son.
2.
ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM
Member Boney steel e nominated Presi dent Rai ney for a second term as
Di stri ct Board Presi den~. Presi dent Rainey thanke<l Member Boney steel e,
but decl ined the nomination indicating that after consideration she felt
~hat the Presi dency shoul d ro~ate through the Members of the Board of
Di rectors. Di scussi on followed in which each Member of the Board
expressed support for President Rainey continuing as District Board
President for a secona ~erm. President Rainey accepted ~he nomination.
It was moved by Member Boney steel e ana seconded by Member Carl son,
~hat President Rainey be elected to serve as President of the Board of'
Di rectors for 1989. Member Ra i ney was re-e" ected by accl amati on.
It was moved by Member Dal ton anó seconded by Member Carl son, that
President Pro Tern Boneysteele be elected to serve as President Pro Tern of
the Di strict Board of Di rectors for 1989. Member Boneysteel e was
re-el ected by accl amati on.
II.
PUBLIC COMMENTS
None
III.
APPROV,At OF MINUTES
1.
MINUTES OF NOVEM3ER 3, 1988
I~ was moved by Member Daì ton and seconóed by Member Carl son that
the minutes of November 3, 1988, be approved as presented. There being
no objection, the motion was approved with Member Clausen being absent
ana President Rainey abstaining because she was not at the November 3,
1988, meeti ng.
IV.
CONSENT CALENDAR
I"t was moved by Member Dal ton ana seconaed by Member Carl son that
the Consent CaJ endar, consi sti ng of four items, be approved as
recommended, resoì utions adop"ted as appropriate, ana recordings duly
authorized.
.:.",",12"" Ol.~ 88
201
1.
Resol uti on No. 88-165 accepti ng an easement at no cost to the
District from M. B. CONSTRUCTION, INC., Orinda area (Job 4532-
Parcel 8) was adopted ana recordi ng authorized.
Motion approved on the follow i ng vote:
AYES: Members: Dal ton, Ca rl son, Boney steel e, Rainey
NOES: Members: None
,ABSENT: Members: Cl ausen
2.
Quitclaim Deed was approved to Edwin W. Wolske, Job 3672 and
Job 3589; the president of the District Board of Directors and
the Secretary of the Di striCt were authorized to execute and
record said Quitc1aim Deed, ana Resolution No. 88-166 was
adopted.
Motion approved on the following vote:
AYES:
Members:
Dal ton, Carl son, Boney steel e, Rainey
NOES:
Members:
None
,ABSENT:
Members:
Clausen
3.
Authorization was given for P.A. 88-23 (Martinez area) ana P.A.
88-24 (Walnut Creek area) to be included in a future formal
annexation to the District.
Motion approved on the follOiling vote:
AYES: Members: Dal ton, Ca rl son, Boney stee 1 e, Ra i ney
NOES: Members: None
,AB SENT: Members: Clausen
4.
PI acement of a Publ ic Noti ce was authorized, adv isi ng that
documentation used in the determination of the appropriations
limit shall be available fifteen days prior to the Board
meeti ng to be hel d on January 5, 1989, at which the
appropriations 1 imit for the Sewer ConstruCtion Fund for the
tisca1 year 1988-89 will be adopted.
Motion approvea on the f01l Oil i ng vote:
A YES: Members: Dalton, Ca r' son, Boney steel e, Rainey
NOES: Members: None
,ABSENT: Members: Clausen
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
v.
TREATMENT PL ANT
1.
PiJTHORIZE THE GENERAL MANP6E~CHIEF ENGINEER TO ALLOCATE AN
ADDITIONAL $95,000 FROM THE TREATMENT PLANT PROORAM CONTINGENCY
ACCOUNT FOR tvrJDIFICATION OF THE MAIN GAS ENGINES AND ENGINATORS TO
DUAL FUEL SYSTEMS '
Mr. Dol an, Genera1 Manager-Ch ief Engi neer, stated that the proposed
moaification of the main gas engines ana enginators will provide an
al ternative fuel system to prov ide pumpi ng capaci ty ana emergency
electrica1 power during natural gas outages. Mr. Char1es Batts, Plant
Operations Department Manager, indicated that this. project is critical
aue to the interrupti b' e nature of our recent gas contract with PG&E and
-the fact that the Dis.trict',s NPDES permit requi res that we have back-up
power to protect the publ ic heal tho
-
, <:
, ,
12"" 01" 88
" :f ,~: --,'::" ..
'"..' '~..:-r ,\~, " .
202
It was moved by Member Dalton anc1 seconc1ed by Member Carl son that
the' Genera' Manager-Chief Engi neer ,be authorized to allocate an
addi"ti onal $95,000 from the Treatment f'l ant Program Conti ngency Account
for the modification of the main gas engines ana enginators to dual fuel
systems. There being no objection, the mo"tion was approved with Member
Clausen being absent.
VI.
At-'I-'ROV AL OF EXI-'ENDITURES
1.
EXPENDITURE LIST DATED DECEMBER 1,1988
Member Dal ton, member of the Budget ana Fi nance Committee, stated
"that he anc1 Member Boneysteel e rev iewed "the expendi tures ana founc1 "them
to be satisfactory. .
It was moved by Member Dal ton ana seconded by Member Boney steel e
that the Expenditure List c1ated December 1, 1988, including
Self-Insurance Check Nos. 100316-100319, Running Expense Check Nos.
42922-43072, anc1 Sewer ConstruCtion Check Nos. 6490-6520, be approved as
recommenc1ed. There being no objection, the motion was approved with
Member CI ausen bel ng absent.
VII.
EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
VIII.
REt-'ORTS
1.
GENERAL MANPGER-CHIEF ENGINEER
a. Mr. Dol an, General Manager-Chief Engi neer, introduced
Mr. Chari es W. Batts, PI an"t Operati ons Depar'bnent Manager, who repor"ted
on Contra Costa County pi ans for a Central Coun"ty corporati on yard on
Imhoff Drive adj acent to the Treatment Pl an"t. Mr. Batts reported that
the t-'Ianning Division is preparing comments for presentation at the EIR
heari ng. Those comments are rei ated "to traffic concerns and the use of
the property., The surrounc1ing area is mainly inc1ustrial. Mr. Batts
c1i spl ayed maps of the proposed si te anc1 pl ans. In addfti on to the
corporation yard, the County plans "to lease a parcel which will be used
for a truck stop ana commercial vehicle maintenance. The DistriCt is
also concerned with securi"ty issues, emergency parking, incompa"tible
uses, anc1 an adequate buffer zone.
In "the Board discussion that followed, Member Dalton indicated his
recol lection tha"t at the time the property in question was sold by the
District "to the County, certain restrictions re'lating to future
development were placed on "the deed. Staff inc1icated they would research
the matter. Board Members indicated that the proposed corporation yard
woul d be an acceptabl e use but that the other mixed uses WOUI d not be
acceptabl e. f'resi dent Rai ney suggested tha"t staff make an offer on the
property, either cash or trade, anc1 1 ease it back to the County for a
corporati on yard. Messrs. Dol an anc1 Batts, thanked the Board for thei r
hel pful comments and di recti on ana sta"ted that staff woul d proceed as
c1i rected by the Board.
b. Mr. Dol an, General Manager-Ch i ef Engi neer, reported that the
Demonstrati on Water Recl ama"ti on proj eCt will 'I i kely be brough"t to an end
sometime in the near future. We are in the process of bringing the plant
out of nitrification. Staff has been working with James M. Montgomery
Consu'lting Engineers (JMM) and Contra Costa Water Distriet on evaluation
of the demonstration phase data, development of alternatives, and the
recommenc1ati on for a fun-seal e proj ect.
Mr. Dolan introduced Mr. James M. Ke'lly, Planning Division Manager,
who providec1 an update, on "the Demonstratiòn Water Reclamation Project.
The demonstration projeCt started in JUlY 1988, and we have been
delivering water to industries since that time. The District has
provided nitrified effluent anc1 Contra Costa Water DistriCt has softened
the water and provided it to the industries. Shell was the major
customer, taki ng nearly, 1 mgd. They ceased taki ng water just before
Thanksgiving. Tosco takes approximately 100 gal Ions per minute.
"'~"/ ....'
12:"01.
88
203
Mr. Kelly sta"ted that the District is nearly at the end of the
demonstra"ti on proj ect. It is now ti me to look' at the long-term proj ect.
Cen"tral Con"tra Costa Sani"tary District and Contra Costa Water District
p"1 an to use J MM to assi st in def i ni ng a vi abl el ong-term proj ect and
providing a summary repor"t for implementation. A position paper will be
presented on December 15,1988. The Con"tra Costa Water District Board of
Directors wjll consider this item on December 7, 1988. The cost of the
work will be shared equally between "the two districts. Our por"tion will
"be in "the range of $91,000.
Following a brief discussion, President Rainey thanked Mr. Kelly for
"the update.
c. Mr. Dolan announced "tha"t he a"ttended a workshop on "the Pollu"tan"t
(-10"1 icy document hel d by "the Sta"te Wa"ter Resources Con"trol Board on
November 29, 1988. The documen"t is bei ng produced as part of the
Bay-Delta hearing process and could have far-reaching effects. One
section sets extreme' y low "estimated pro"tective level s" for cer"tain
heavy metals. Another section will require "mass emission strategy"
which will requi re "that where 1 isted constituent concen"trations are
uelevated,u the mass emissions of heavy metals will be limited a"t the
current discharge level. Because of the prohibitive cost of treatment
for heavy metals removal, this could resuìt in wide-spread building bans
around "the Bay. Mr. Dolan indicated "that he would provide more
i nf ormati on when it becomes avail abl e.
d. Mr. Doì an announced that he had been ädv ised that the concrete
sl ab has been poured for "the depressed section of the Acme transfer
station. Acme expects the transfer station to be operational by the end
of December 1988.
e. Mr. Dol an announced "that Mr. Donal Gall agher, Seni or Buyer, has
announced his retirement. As previously indicated "to the Board, we will
be recrui"ti ng for Don's repl acement at the Buyer IIII 1 evel.
f. Mr. Dolan announced "tha"t the District is curren"tly advertising
for repl acemen"t pumps for "two of the pumps at the Larw i n (-Iumpi ng Stati on.
The estimated purchase price of the pumps is $30,000.
g. Mr. Dol an announced "that a contractor's pressure tes"t pl ug
flowed aown a pipe causing an Qverflow on Taylor Boulevard which went
unreported for probably two days over the Thanksgiving weekend. The
overflow was estimated "to be less than 100,000 gallons. The contractor
was Antioch (-laving Company. The cost to remove "the plug was in "the range
of $3,000 "to $5,000. The costs will be recovered from the con"tractor.
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEMBERS'
a. Member Dal"ton reported "tha"t the County Sol id Waste Managemen"t
(-II an has gone to "the Sta"te for review. There is a certain amount of
argument between "the cities and the County as to whether this Plan will
be sui"table for "the County.
b. Member Carlson indicated "that he was asked "to attend "the (-Iacheco
Town Council meeting at which the recycling plan proposed by Pleasant
Hill Bay Shore Disposal will be discussed. If the Board has no
obJec"tion, Member Carlson sta"ted "that he will a"ttend the meeting. The
Board voiced no obj ecti on. Mr. Paul Morsen, Depu"ty General Manager,
requested ana Member Carl son agreed to attend "the meeti ng in Clyde on the
same subJ ect.
" , '-; :"~'
. ~" '
12::. 01
tsS
204
IX.
ANNOU NCEMENTS
Member Boney steel e announced that the draft County General Pl an was
del ivered on November 29, 1988. Member Boneysteel e i ndi cated that he has
quickly reviewed the document ana has asked Ms. Jacquel ine Zayac,
1-'1 anni ng Assi stant, to rev iew it as well.
X.
QOSED SESSION
None
XI.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSIONS
None
President Rainey a~ourned the meeting at the hour of 4:20 p.m., to
reconvene at 7 :30 p. m. for the con"ti nued publ ic heari ng to consi der the
recyci i ng pi an proposed by Val I ey Waste Management for Zones 2, 4, and 5.
President Rainey reconvened the meeting at the hour of 7:30 p.m., with
all parties present as previously designated.
XII.
HEARINGS
1.
CONDUCT A CONTINUED PUBLIC HEARING TO CONSIDER THE RECYCL ING t:t AN
PROI-'OSED BY V ALLEY WASTE MANPGEMENT' AND PUBLIC COMMENTS' THEREON
RECEIVED DURING, AND FOLLOr'IING, THE PUBLIC HEARING ON NOVEMBER 3,"
1988
President Rainey indicated tha"t the purpose of this continued public
hearing is "to receive additional publ ic comments regarding the recycl ing
pi an proposed by Val ley Waste Management for Franchise' Zone 2
Lafayette, Franchise Zone 4 - the unincorporated areas of Walnut Creek,
ana Franchise Zone 5 - Danviìle ana Alamo.
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Paul
Morsen, Deputy General Manager, who prov i ded an overv iew of the
Di strict's rol ei n the recycl i ng area, highl ighti ng the efforts of the
Regional 'Recycling Advisory Committee. Mr. Morsen briefly highlighted
"the components of the recycling pilot program proposed by Valley Waste
Management for the, Danville, Alamo, ana Lafayette areas compa-ring the
present and proposed serv ice level s and rates. As a component of its
recycling plan, Valley Waste Management proposed the conversion of the
present backyard refuse COlI ecti on serv ice to an automated curbsi de
collection system. Due to opposition registered by sane residents of the
Ci"ty of Lafayette, Marshalì ,Grodin, General Manager of Valley Waste
Management, no"tified "the Board of Directors that the proposed recycling
plan was amended to exclude automated refuse collection from the piïot
program in the City of Lafayette.
Mr. Morsen reported "that the resul ts of the piï ot programs i n Zone
2, 4, ana 5 win be reviewed by the Regional Recycl ing Advisory Committee'
ana the Board of Directors and a decision made with regard to
implementation of a full-scale recycï ing program ana rate impl ications.
Mr. Morsen summarized the issues pertaining to the pilot programs and
1 ssues re' ati ng to ful I-sca' e impl ementa"ti on of the programs as set forth
in the position paper.
In response to a questi on fran Mr. Morsen, Mr. James L. Hazard,
Counsel for the District, concurred with the staff interpretation of the
franchise agreement concerning solicitation of recycling proposals as
contained in "the position paper. . Mr. Hazard stated that if .the current
franchisees can provide the service at a reasonable cost, they have the
exclusive right to provide tha"t service under the terms of the franchise
agreement.
Mr. Morsèn reported that upon completion of the pilot programs, a
detailed report wiïl be presented, including cost surveys, statistical
analysis, and financial analysis.
At 7 :49 p. m., Presi dent Rainey opened the conti nued PUbl ic heari ng
to receive additional public comments regarding the recycling plan
proposed by Valley Waste Management for Franchise Zones 2, 4, and 5.
""', .
.,'
, ,,'" '. ' .
12
01
88
205
Mr. Rick Harmon, San Ramon City Council member, addressed the Board
stati ng that the City of San Ramon is totally committed to the process of
automated curbsiae collection. If someone is legitimately unable to move
the toter cart, Valley Waste Management takes care of it. This is not a
lower level of service. It is, in fact, a greater level of service.
Mr. Harmon inClicated that he no longer receives complaints on the level
of service. Mr. Harmon encourageCl the Board of Directors to move forward
with a proposed pllot program. The world is changing. Emphasis now is
on cost. There is a substantial cost reduction in moving to automated
curbsiae collection. The City of San Ramon has the lowest cost for solid
waste collection of any in the County. This is entirely Clue to the
foresight ana courage of the City Council in creating a new system ana
sticking with it. Residents receive a free garbage can ana Valley Waste
Management gets a better method of collection with less. paid out in
Workers', Compensation injuries. The current rates in San Ramon are $7.09
per month for a 90-gallon container. Mr. Harmon invited anyone
interested to come to the City of San Ramon to see automated curbsi de
collection in operation.
Mr. Marshall Grodin, General Manager of Valley Waste Management,
stated that automated curbside collection is not the only factor in San
Ramon. There is a 70 percent commerci al to 30 percent resi denti al mix i n
the City of San Ramon. Consequently, commercial rates subsidize
residenti~1 rates. '
Mr. Groain stated that Valley Waste Management is very interested
ana motivated to prov ide a comprehensive recycl i ng program. However, al'l
recyc'ting programs cost money. Valley Waste Management felt a -dual
purpose coul d be served. Si nce' a $4-5 mill ion i nvestment w ill be
required, an alternative to the current rate-setting method will be
needed. Valley needs an incentive to cut rates, either a greater return
on investment or sharing of the savings. A compromise position was
presented at the November 3,1988, hearing which would allow sharing by
both the collector ana the ratepayers. Valley would ask that the
District continue to negotiate with Valley during the pilot programs in
an effort to reach an' agreement with regard to the rate-setting
procedure. Mr. Groain stated that Valley would be willing to work with
the cities or any other group or organization the Board wishes to select
homes for the pllot programs. Valley woul d prefer to have a mix and
variety of areas however. In closing, Mr. Grodin stated that Valley
wOUld deal with individuals having problems with the toter cart on a
one-on-one basis. A demonstration on the use of the cart will be
provideCl. If the individual is unab'Je to hanale the cart, the route man
will go to 'the side or backyard to get the cart. The route man will have
a list of those individuals needing special treatment.
Ms. Lynn Hiden, 649 Los falos Drive, Lafayette, representing
Ci'tizensCommittee for Sound Recycl ing ana Garbage Di sposal, addressed
the Board. Ms. Hi den stated that the four attorneys contacted by the
Commi'ttee are of the opinion that the District would be allowed to
initiate the biading process. Ms. Hiden made the following points:
1)
Recyc'l i ng can be expected 'to drop the waste stream desti ned for
the lanaffll by one can per family. The garbage companies will
want to control recycl i ng because recycl i ng w I'll reduce thei r
waste stream haul and their profits.
2)
Contra Costa County's new landffll site is several years away.
Recycl i ng is urgently needed as a means of reduci ng the waste.
3)
Waste-to-energy pi ants are fo', di ng
env i ronmental reasons.
both
for economic and
4)
There is no incen'tive for garbage companies to invite recycling
as they will get thei r money per househol d regard', esse
5)
~aper is a high percentage of the waste stream.
placed on the trucks now to collect paper.
Bins could be
6)
Mr. Ron Gould, Assistant City Manager of the City of Walnut
Creek, reports that walnut Creek's recycling pilot project has
exceeded by SO percent its own expectations in collectibles,
ana exceeded by 100 percent the Valley Waste Management
expectati ons. , ,; ,
, ",
¡.
',: "
~ ' , "
'12 ;' ~O I,
88
206
10)
11)
12)
7)
The recycl i ng p 11 ot program offered by Vall ey Waste Management
is vague ana deficient. Firm information should be proviqed on
'the program. Evaluation win be impossible and you will be
unabl e to compare it to any other program.
8)
Inj uries can resul t from the size of the curbsi de collect,i on
con'tainers. The smallest size is 60-gallons. Large containers
may ai scourage the process of recycl i ng. 30-gallon cans shoul d
be prov i aed.
9)
Any rate higher than $.50 per household is too high.
household is too high.
$1.00 per
Valley Waste Management has offered a proposal for recycl ing
which is tied to automated curbside collection just to get a
foot in the door. Lafayette does not want automated curbside
coil ecti on.
Lafayette'.s best interest 1 ies in negotiating to pu't recycl ing
out to bia ana linking with o'ther communities to get the best
economic benefi't.
In closing, Ms. Hiden urged tha't recyc'ling be pu't out to bid
even 'though it takes more time. The best time to make a break
is before 'the pi 1 ot program. .
Mr. Bob Kahn, Box 249, Lafayette, addressed the Board representing
'the Citizen'.s Committee for Souna Recycling an6 Garbage Disposal. Mr.
Kahn stated that all of the Committee is supportive of recycling. Mr.
Kahn questioned 'the steps in the franchise process for submission,
review, ana implementation of the recycling progràm ana asked whether the
aetermination was made in an open Board meeting. Mr. Morsen responded
that the aC'ti on was taken by the Board i n 'the february-March 1988 time.
frame ana was part of 'the publ ic record. Staff woul d have to check the
exact date.
Mr. Kahn sta'ted that he was bothered by the no'tification of the,
public hearing ana suggested that the garbage bill sbe used for
no'tification of rate change.
Mr. Kahn stated his unaerstanai ng of th'e contract that recycl abl e
material has a value. Mr. Hazard responaed that the revenue produced is
no't suff ici ent to cover 'the cost of recycl i ng. Mr. Kahn stated that the
Committee feels recyclable ma'terial is not thrown away as worthless. If
'that is 'true, 'then it is no't excl usive to the garbage contractor.
Mr. Kahn statea that he has not seen anything he woula call a plan.
There has been no definition of "curb. II There are a number of private
roads in Lafayette. There is no definition of "road." Mr. Kahn stated
'that the recycling plan was not responsive when it introauced two other
items, rates ana automated curbside collection.
Mr. Kahn stated 'that there' are two 'levels of service in the City of
Lafayette for the same rate. Part of the City is on curbside collection
ana part is no't. The rates tha't the District does set do not make sense.
Mr. Kahn distribu'ted copies of three bins for garbage collection. Mr.
Kahn 'then displayed and discussed 'topographic maps comparing Lafayette,
Wal nut Creek, ana San Jose ana the differences in' elevations in those
areas. In closing, Mr. Kahn showed 24 pictures showing problems with
ariveways ana roads in 'the Lafayette area.
Mr. Herman Silverman, 691 Glenside, Lafayette, addressed the Board
representi ng the Citizen's Committee for Sound Recycl i ng ana Garbage
Disposal. Mr. Silverman statea 'that Messrs. Bin Zion, Stanford White,
ana Di ck Trudeau, members of the Ci tizen's Committee for Sound RåcyCl i ng
ana Garbage Disposal, were unable to a'ttena this meeting tonight. Mr.
Sil verman stated that the Committee wan'ts to be of serv ice to the
Sani'tary District, Lafayette, ana 'the area ana believes tha't our goals
are the same: the best waste di sposal and most effectiverecycl ing at
~";.:' ~..1~2.. :Q:;l.
88
207
the lowest cost. Mr. Silverman stated that he is pleased that Valley
Waste Management has withdrawn thei r proposal for automated curbsi de
collection for Lafayette. Lafayette residents àre absolutely against
changing the current 'plan for which they are paying. Mr. Silverman
questioned why Di strict staff is stil I proposi ng that automated curbsi de
collection be considered in the future.
Mr. Sil verman stated that he wants the most effective recycl ing
program at the lowest cost with the most participation possible. Some
Lafayette residents cannot; carry three fUll recycling containers. There
are ot;her systems avail abl e. Palo AI to has a sack; Wa'¡ nut Creek has one
container. Valley Waste Management does not; share receipts with
community groups nor do they hire local organizations. The Valley Waste
Management bid for recycling in Walnut Creek is $1.15 per month. At the
November 3, 1988, publ i c heari ng they sa i d it woul d cost about; $1. 00 per
month. At the enà of the test period in Walnut Creek each home will be
paying about $.65 to $.70 per month. Lafayette does not want to pay
$1.00 per month for recyci ing. Mr. Siì verman stated that our community
needs a company which is dedicated to educating the public ana doing
recycling. Mr. Silverman ,stated that he believes this recycling can be
put out to bid. Mr. Charles Wiïïiams, an at;torney, has said that putting
recycling out t;o bid is purely discretionary for the Board. Walnut Creek
callea for bids. Newark, Fremont, and Union City put recycling out to
bi d. Central San has gi ven Val I ey Waste Management an opportun i ty to
submit; a plan. It is not well developed or complete. Mr. SÏlverman
suggested that; the District turn down the pi an as unacceptable ana
sOl ici t; other proposa'i s el sew here. The cost i nc'l udes the qual ity of
service ana the price for t;his is t;oo high.
Mr. Brooks Mothorn, 3239 Judy Lane, Lafayette, addressed the ,Board,
indicating t;hat he agreed with his fellow citizens of Lafayette.
Mr. Mothorn indicated that he thinks the proposed program has not had
enough thought process ana i nvol vement f rom the citi zens. Mr. Mothorn
stated that he wants to do t;he program right ana ensure its success. In
closing, Mr. Mothorn stated t;hat he is President of East Bay Sevices for
the Developmental ly Di sabl ed. That group WOUI d be very i nterested in
t;his program.
Mr. Jim Campbell, 74 Sleepy Hollow Lane, Orinda, addressed the Board
representing the Regional Recycling Advisory Committee. Mr. Campbell
stated t;hat as part; of his dut;y on the Regional Recycling Advisory
Commit;tee he wrot;e a report to t;he Orinaa City Council. A copy of that
report was distributed to't;he Board of Directors. Mr. Campbell stated
t;hat his aim is t;0 get the best recycl ing program. Many of the thoughts
of those in Orinda parallel the thoughts expressed by residents of
Laf ayette. Mr. Campbell stated that; recyc'l i ng shou'l d be sepa rat;ed from
co'llection. Mr. Campbell expressed concern that; the County residential
recyci ing recovery goal of 20 percent may not; be achieved. Mr. Campbell
stated that the recyci i ng program shoul d be put out to bi d.
Mr. John R. Tu:lley, 3486 Springhill Court, Lafayette, expressed his
appreciat;ion t;hat the Board had a secona meeting to take public comments
on t;his item. Mr. Tulley stated t;hat he 'I iked what the gentlemen fr.om
t;he Cit;y of San Ramon nad to say about automated curbside collection ana
recyci ing. However, Lafayette is different; than San Ramon. Mr. Tulley
statea t;hat he was opposed t;0 the present Valley Waste Management
recycling/automat;ed curbside col'lection program for the following
reasons:
1)
Springhill Court is a aead-ena, one-way court. Now the garbage
trucks back down the court. There is no room to turn around.
Mr. Tulley stated that he feel s positive that he woul d not
receive the automated curbside collection service unless the
coll ecti on arm was on the front or back of the garbage truck
rather than on the side. For that;,reason, Mr. Tulley stated
t;hat; he wOUld prefer to remain with the existing backyard
COI 1 ecti on serv ice.
2)
Yard CI ippings are now separated from garbage. Mr. Tulley
stated that he dia not want; to mix and store t;hem in a sing'le
container unt;il t;hey are collected. They would smell.
..-¡' '"",,' '
121
()'l
88
, "
208
3)
Mr. Tulley stated "tha"t he did not feel that he shoUld have to
separa"te recyclable items into three open con'tainers and haul
them up "the driveway and then retrieve them. Other companies
provide closed container service. . Animals wi! I get into open
containers. Mr. Tulley stated "tha"t the open container proposal
will no't work where he lives. .
Ms. Val Meredi "th, 3517 Eag e Poi ntRoad, Lafayette, addressed the
Board representing the 250 homeOilners in "the Springhill Valley
HomeOilners'. Associ ati on. Ms. Meredi"th expressed oppositi on 'to au"toma"ted
curbside collection as it was proposed and to open recycling con"tainers.
Ms. Me red i'th expressed support for the present backyard coli ecti on
service, for pu"tting recyci ing out to bid, and for selecting a recyci ing
program tha"tis simple and would have high compl iance.
Mr. James E. Hupp, 15 Valleci'to Lane, Orinda, addressed the Board
stating that he appeared before the Board about a year ago representing a
"task force on recyci i ng for "the Lamori nda area. That group had hoped "to
have an affordabl e recyci i ng center and maj or composti ng a rea for
Lafayette, Orinda, and Moraga. NOil this will not work out because the
"three areas will be segregated into small groups handling recycling in
differen"t ways. Mr. Hupp stated "tha"t he would no"t consider having the
three recycling con"tainers proposed sitting in front of his house.
Mr. Hupp obj ected to th e color of th e conta i ners. Mr. Hupp stated th at
people throw things away because there is no'thingelse to do with them.
It does not follow that items are garbage because they are thrOiln away.
Mr. Hupp stated tha't magazine recycling and yard waste should be inc' uded
in 'the proposed recycling program. In closing, Mr. Hupp requ~sted that
adequate publ icity be given before a decision is made on any recyci ing
program.
Mr. Paul E. Fi scher, 1115 Upper Happy Valley Road, Lafayette,
addressed the Board sta'ti ng tha"t i"t is ai fficul t. to find a pi ace to park
on Upper Happy Valley Road. Automa'ted curbside collection could no"t
succeed there. Mr. Fischer submitted a .Ietter from Mr. Ron Nahas,
President of the Happy Valley Improvement Association, ana read "the
.¡etter. The Happy Vaney Improvemen"t Association expressed support of
the proposed curbside recycling plan but felt that it should not be tied
'to automated curbside collection. The Happy Valley Improvement
Associ a'ti on req uested that recycl i ng be put out to bi d.
Ms. Arl ene Pearson, 740 EI Pintado Road, Danv ill e, addressed the
Board representing the Alamo-Danvllle Sorop"timist Club. Ms. Pearson
stated that the Alamo-Danville Soroptimist Club'.s main concern is the
env ironment and no"t the cost. The C. ub is most concerned abou"t the
probl em of al andf ill. The Cl ub has reeyci ed for e' even months..
Ms. Pearson stated tha"t she can pick up the recyci ing containers easily
and that the contai ners are much easi er to hand' e than bags. However, it
does not matter what type of con'tainer is used; we need to recycle.
Ms. Pearson stated that she COUld not imagine a garbage truck that could
collect at her house on a hill, but she would be very happy if there was
one. Ms. Pearson stated that the Alamo-Danville Soroptimist Club is
committed to do as much as they can in their communities to encourage
recyci ing. More education is needed, particularly in schools. In
CI osi ng, Ms. Pearson encouraged everyone to begi n recycl i ng and
VOl unteered assi stance from Cl assy GI ass.
Ms. Linda Christman, 278 Via Cima Court, Danvflle, ana Assistant to
'the Danville Town Manager, addressed "the Board on behal f of the Town of
Danville. Ms. Christman stated 'that the Town of Danvllle heard Valley
Waste Management',s presentati on on automated curbsi de col1ecti on and
recycling on October 3, 1988. The Danville Town Council is very anxious
to try the trial program and to . earn from it. Danvil1e Town staff is
ready to assi st Vall ey Waste Management and Central Contra Costa Sani tary
District staff in whatever way they can to make this trial program a
success.
Mr. JohnCo' eman, 1807 Popl ar Drive, Lafayette, addressed the Board.
Mr. Coleman stated tha't he is a Scout Master in Lafayette ana a conCerned
ci'tizen in favor of reeyc' ing although he does no"t represent the Boy
Scouts or any troop. Mr. Col eman stated that the Boy Scouts are and
always have been in favor of recyci ing as part of good conservation. The
, .'
,. .. ~":::
12 '~Ol
88
- 209
Boy Scouts earn money from nei ghborhood paper bi ns. Studi es show that
paper increases in those bi ns once recycl i ng programs go into effect.
Educati on and publ ic awareness stimul ate interest. Mr. Col eman sta'ted
that in the event his 'troop has a loss of tonnage, Valley Waste
Management has indicated they will work with the troop to assist in.
increasing tonnage. Mr. Coleman stated that as a Scout Master he is not
concerned about a loss of money coming into the troop. Mr. Coleman
stated that he wouìd like to see the entire County on a curbside
recycling program. Mr. Coleman stated tha't it is important to recycìe
all produc'ts. If the County had been recycling for the "last fifteen
years, we woUld not be in our current situation with regard to a County
I andf i I 1.
Mr. Timothy S. Flanagan, District Marketing Recycl ing Manager for
Waste Management/Recyci e America, addressed th.e Board stati ng that the
time for recycling has come. In implementing recyc. ing programs, Waste
.Management 'takes painstaking measures to address the needs of charitab"le
organ,izati ons. Waste Management tries to miti gate impaCts on exi sti ng
groups. Brochures used by Waste Management advise people to continue
recyci ing with ,existing groups. Involvement in the community is vital to
maki ng any program work. Waste Management w ill work with staff and the
community. Mr. Flånagan pointed out that there is a letter in the
Board'.s packet from Futures Explored, Inc. , a group for the
developmentally disabled indicating that Valley Waste Mangement is
working with them in an effort to. employ the developmentally disabìed.
Mr. Flanagan stated that when a recycling program is new, it is easy to
get excited. The real success of the program is making it work over the
I ife of the program. The only way to do that is to get feedback from the
community. Valley Waste Management woul dl ike to get started on a
recycl i ng program ana is anxi ous to begi n.
Mr. fl anagan stated with regard to the comment on open containers
that if the driver finds a mess he has a broom and dust pan and wil-
CI ean i't up. That is part of the serv ice. In response to a questi on
from Member Boneysteele, Mr. Flanagan stated that the drivers are trained
to replace 'the recycnng con'tainers in a certain manner and not to
scatter them round. Mr. fl anagan demonstrated the procedure. If
compl aints or feedback are received from residents, Vaìley Waste
Management will work with the drivers to address the concerns.
In response to a question from Ms. Meredith, Mr. Fl anagan stated
'that suffici ent fundS are not generated from the sa- e of recycl abl es to
cover the cost of the program because the cost of the trucks and
equipment, "labor.. and level of service provided is more than the value of
the materiaì being collected in the aggregate. There is a cost for
providing the recycling service that is less than the cost of garbage
service because revenue is generated from the recycled material and it is
not necessary to stop at every house every day. However, there is a
cost. In a drop-off program, the peopl e incur the cost of con ecti ng and
transporting the material.
In response to a question from Mr. Kahn concerning inclusion of
overhead in the recyci ing program, Mr. John Garri'ty, of Valley Waste
Management, stated that there is a matching of revenues and expenses. Mr.
Roger J. Dol an, Central Contra Costa Sanitary District. General
Manager-Chief Engineer, stated that the total costs of Valley Waste
Management and the totaì revenue's are ana'lyzed curren'tly. Incremental
activ ity costs and revenues woul d be brought into the total cost of
operations of the Va"lley Waste Management franchise. Overhead is all
paid for by our ci'tizens regardless. Mr. Kahn stated 'that he would 'like
to Know what overhead is allocated to the recycling operation during the
test period. Mr. Dolan stated that these issues are germane to
rate-setti n9 issues and wou"l d be consi der~d duri ng 'the rate setti ng
period next spring.
tJresiaent Rainey noted the receipt of addi'tional written
correspondence subsequent 'to 'the November 3,1988 public hearing from:
1)
Ms. Anna Marie Lininger, 3960 Cowan Road,
November 19,1988;
Lafayette,
dated
"-:""":"1' 2".~ ;'-;""0 "i':' '88
t,': (;~..~: . . .' '" :'.' .:ai.
210
'1,2
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
2)
Mr. Richard Morrison, 1414 Eagle tJoint Court, Lafayette, dated
November 18,1988;
3)
859 Bi rdhaven Court,
dated
Ms. Al ice Johnson,
November 15,1988;
Lafayette,
4)
Citizen's Committee for Souno Recycling and Garbage Disposal,
691 Gl ensi de Drive, Lafayette, dated November 14, 1988;
5)
Ms. Jean Skillin, Lafayette, da"ted November 10, 1988;
6)
Mr. Stephen A. Min"ton, Jr., 3471 Blackhawk Road, Lafayette,
dated November 6,1988;
7)
Mr. Sanford M. Skaggs, at"torney represen"ting Valley 'Waste
Management, dated November 28,1988;
8)
Mr. Marshall Grooin, Genera'l Manager
Management, dated November 18,1988;
W,aste
of
Valley
9)
Citizen's Commi"ttee for Sound Recycl ing and Waste Di sposal,
dated November 26, 1988;
10)
Ms. Sally Bradbury, Regi onal Env i ronmen"t Committee of
Soroptimist Interna"tional of Diablo Valley, P.O. Box 3124,
Walnu"t Creek, dated November 25, 1988;
11)
Mr. Ronald T. Topping, 3285 Beechwood Drive, Lafayette, dated
November 23,1988;
12)
Mr. Greg Estep, Round Hil'l Property Owners Associa"tion, Inc.,
tJ.O. Box 253, Alamo, da"ted November 23, 1988;
13)
Ms. J ani ce C. Spi ght, tJool Tech,
Lafayette, dated November 23,1988;
Diablo Blvo.,
3471 Mt.
Ms. Patricia E. Sausedo, Councilmember of the City of San Jose,
801 North First Street, San Jose, dated November 22,1988;
Mr. John R. Tu'lley, 3486 Springhiìl Court, Lafayette, da"ted
November 21, 1988;
R. Jerome Rauch, M. D., 3561 O',Connor Drive, Lafayette, dated
November 16,1988;
Mayor Avon M. Wilson, City of Lafayette, 251 Lafayette Circle,
Lafayet"te, da"ted December 1,1988;
Mr. ,and Mrs. James R. Moore, Happy Valley Road, Lafayette,
dated December 1,1988;
Mrs. Ruth R. Hoffman and Mr. William G. Hoffman, 66 Winding
Gl en, Danv ille, dated November 26, 1988;
Mr. J,. T. RhoOes, 307 Wiì'loughby Court, Lafayette, received
November 29, 1988;
Ms. Christine Imrie, Execu"tive Direc"tor of Futures Explored,
Inc., 3684 Mt. Di abl 0 B'tvd., Lafayette, da"ted November 30,
1988;
Mr. Quentin M. Alexander, Scou"t ExecU"tive of Mount Diablo
Counci 1 Boy Scou"ts of America, 1343 Locust Street, Wal nut
Creek, ,da"ted November 30, 1988;
Mr. John L.. Annix,
December 1,1988;
3357
Spri ngh ill
Road Laf ayette,
dated
Ms. Lynn Hi den,
December 1,1988;
dated
649
Drive,
Los
tJalos
L at ayette,
0'1,
88
211
25)
Ms. Valerie Meredi1:h, President of Springhill Va11ey
Associa~ion, Inc., P.o. Box 622, Lafayette, dated November 30,
1988,
26)
Mr. Jim Campbe11,
November 28, 1988;
74
Sl eepy
Hollow
Lane,
Orinaa,
dated
27>
Mr. Ron Nahas, President of Happy Valley Improvemen~
Association, P.O. Box 744, Lafayette, dated November 30, 1988;
28)
Mr. Wil 1 iam E. Forbes, 135 Wes~ Shaw Avenue, Suite 101, Fresno,
dated November 29,1988.
There being no further questions or commen~s, President Rainey
~hanKed all those who ~ook ~he time to come ~o this hearing or to submi~
letters. President Rainey closed ~he public hearing a~ 10:09 p.m. and
returned ~he ma~ter ~o ~he Board of Directors for delibera~ion.
Following a brief discussion, it was moved by Member Dalton and
seconded by Member Carlson ~hat based on "the provisions of the franchise
agreement supported by the legal opinion of ~he Counsel for the Distric~,
~he franchised refuse collector, Valley Waste Management, has the
excl usive contract right ~o attempt to impl emen~ an acceptabl e recycl ing
program in Franchise Zones 2,4, and 5.
In the di scussion that followed prior to the vote on the above
motion, Member Carlson stated ~hat his secona to ~he above motion was
based on Counsell,s comments wi~h regard "to the franchise agreemen~ and
Membèr Carlsonl,s personal knowledge during the time the franchise
agreement was negotiated ~ha~ it was the intent of both parties that a
recyci i ng program be impl emented.
Presiden~ Rainey sta~ed ~ha~ some very good points were made a~ this
hearing ana a~ meetings of the Regional Recycl ing Advisory Committee. It
was our opinion, ana the opinion of Distric~ Counsel, that the waste
stream belonged to "the collectors. There will be a~ least four recycling
pilot programs in the central county including ~he Pacific Rim program in
Wa1nu~ Creek. This District will be able ~o benefit from experience in
at1 these areas. We wïll have goOd da~a to study. At tha~ time, if it
is discovered that any of the franchisees are no~ performing up to
standard, ~he District can go with ano~her provider. President Rainey
expressed support for ~he posi~ion ~hat the franchisees have a right to
impl ement a recycl ing pll ot program.
Member Da1ton stated ~hat in the past the District has taken
administrative action against others who came into franchise areas and
infringed upon ~he exclusive franchise.
Member Boneysteele sta~ed ~ha"t in 1986, when this franchise agreement
was entered into, recyci ing was a concept. At tha~ time it was the
Districtl,s mind set ~ha~ we shou1d call upon "the franchisees to provide a
recyci ing program as part of the con~ract. We felt this was a ~ough
contract. Member Boneysteele sta~ed tha~ his feeìing is ~hat a deaì is a
deal. a was our understanding at ~ha~ time, tha~ we were giving the
contractor the right to implement a recycling program. Member
Boneysteele stated ~hat he feels ~he District is bound by this. In
exchange tor ~he exci usive ri gh~, the franch i sees subj ected themsel ves to
this regulation. Member Boneys~eele sta~ed that the Distric~ would be
violating i~s word and bona if the recycling pilot program were no~ given
~o ~he franchisees.
At ~his "time President Rainey called for a roll ca11 vo~e on the
above motion. The mo~ion was approved as follows:
A YES:
Members:
Da"l ton, Ca rl son, Boney steel e, Ra i ney
NOES:
JlBSENT:
Members:
None
Members:
Clausen
president Rainey stated ~hat i~ is no~ her inten"tion to deal with
rate-setting at ~his ~ime.
12,O~
i~ ~(-
88
212
Board discussion followed concerning implemem:ation of the proposed
automated curbsi de coll ecti on pil ot program. Member Boneysteel e stated
that 'the Board shoul d acknow ledge 'the opposition of the Round Hill
Property Owners Association 'to 'the proposed automa'ted curbside collection
service. Mr. Dolan suggested that it might be he'lpful if ,some of the
test area be in the Round Hill area so data wou' d be avaiìable to
eval uate 'the program after 'the 'test peri Ode
It was moved by Member Carl son and seconded by Member Dal ton, that
impl ementa'ti on of the proposed Va' 1 ey Waste Management recyc' i ng pi 1 ot
programs be approved for Franch i se Zone 4, the uni ncorporated areas of
Wa'inut Creek, and Franchise Zone 5, Danville and Alamo, comprisi\ng 1,200
households each in the Town of DanvfJle and the community of Alamo which
are to receive curbside recycling; 150 of the 1,200 households in
Danville and Alamo will receive automated refuse collection in addition
't9 curbside recyc'ling; and 150 households outside of the 1,200 pilot
recyci ing participants will receive automa'ted refuse collection only.
Motion approved on the fo' lowing roll call vote:
AYES: Members: Dal ton, Ca rl son, Boney steel e, Rainey
NOES; Members; None
ABSENT: Members: Clausen
It was moved by Member Carl son and seconded by Member Dal ton, that
implementa'tion of the proposed Valley Waste Management recycling pilot
program be approved for Franchise Zone 2, Lafayette, comprising 1,200
households in 'the City of Lafayette which are to receive curbside
recycI i ng.
J-Irior 'to 'the vote on 'the above motion, Member Boneysteele requested
that the matter of public notice be discussed. In response to a question
from Member Boneystee'le, Mr. Grodin, General Manager of Valley Waste
Management, indicated tha't he would be open to discussion of inclusion of
nQ'tice of hearings on garbage bills. Valley Waste Management w,ould"be,
wìlling to work with the District on tha't.
Member Boneysteele sta'ted his opinion that it is the duty of the
ci'tizen 'to become informed. Part of being informed is to subscribe to a
good newspaper. Member Boneysteele sta'ted that it has been his
experience wi'th the PUC tha't it is difficult to reach peop'le through a
billing notice.
President Rainey called for a roll call vote on the above motion. The
motion was approved as follows:
AYES:
NOES:
Members:
Carlson, Dalton, Boneysteele, Rainey
Members:
None
ABSENT:
Members:
Clausen
President Rainey again 'thanked all those presen't for their commen'ts
and participation in the publ ic hearing and thanked District staff for
'thei r work on 'this matter.
XIII.
AOO OURNMENT
There bei ng no further busi ness 'to come before the Board, ,President
Ra i ney adj ourned 'the meeti ng at the hour of 10:36 p. m.
..
COUNTERSIGNED:
President 0 the Board of Directors
Cen'traï Contra Costa Sanitary Distr'
County of Con'tra Costa, State of California
." "',
", .,' ,0, "
/1
/ / /'\.," '.
, "" "I, ..'
, I ,,'--C, ;"".c,' .:' I i '-If - '(..,LC{vl"..
Se r . ary of the Central Contra
C~~ta Sanitary District, County
of Con'tra Costa, State of California
] 2 "'0 1" ~ A